Amendment to Singapore haze law increases fines to S$20 million ‘to underscore the gravity of such offences’

SINGAPORE: In Parliament on Wednesday (Nov 4), it was announced that among the proposed amendments to Singapore’s Transboundary Haze Pollution Act of 2014 is one that would raise fines for companies linked to the haze tenfold.

At present, entities found to have caused or contributed to haze in Singapore may face a fine of S$100,000 a day, with a maximum of S$2 million. 

The proposal amends this to a S$1 million daily fine, capped at S$20 million.

Minister for Sustainability and the Environment Grace Fu said in Parliament that due to the serious harm that transboundary haze causes, it “needs to be deterred by stronger penalties, to underscore the gravity of such offences.”

CNA reported that she had noted that the current fines are comparable to local pollution offences, and raising the amount involved in the penalty took existing law and the financial scale of the companies involved into consideration.

Additionally, the report added that the proposed amendments allow Singapore’s courts to evaluate the profit or loss of a company due to an offence and then add this amount as another penalty to the company.

Furthermore, there is also the possibility of a civil penalty, as the National Environment Agency (NEA) said in a Nov 4 statement that it may, with the consent of the Public Prosecutor, bring a civil action in court with a maximum penalty of S$10 million, though a company cannot be subject to both civil and criminal penalties for the same case.

This year’s haze problem, the worst in over a decade for Southeast Asia, caused the Singapore government to say that it will use every legal, regulatory, and economic lever available in tackling the problem, including strengthening laws.

Amendments to the Transboundary Haze Pollution Act are intended to strengthen the city-state’s ability to carry out investigations, establish accountability, and strengthen enforcement against errant entities. 

“We need effective powers to protect Singaporeans and hold errant entities accountable, while respecting the sovereignty of other countries, upholding international law, and avoiding extraterritorial overreach,” Ms Fu said, adding that this year’s haze revealed that the status quo is “not tenable.” /TISG

Read also: NEA, MinLaw: 7 members appointed to the Panel on Transboundary Haze to probe companies for the fires causing haze in Singapore